Witness order

[gban]

A quick question. Can a tribunal of its own accord send a witness order without an application from either side?

[ULA]

Yes a witness order can be issued on the initiative of an employment judge.

[gban]

Thanks ULA.

[gban]

ULA, in this case what has happened is we have a whistleblowing unfair dismissal and detriment claim against the company and an individual, who has now left the company.
Their solicitor is representing them both still. The final hearing is next Tuesday. On Friday I hand delivered our statements to the tribunal office at around 12pm. At 3.15pm I got a notice from the tribunal that a witness order has been sent to the respondent who is the individual.

she was obviously already named as a witness and has produced a witness statement. Her conduct in the matter in question has been shocking to say the least. Do you think the judge would have made the order to make sure she attends ? I can’t see their solicitor asking for the order as to me, that would seem like a sign of guilt ?

[ULA]

The whole basis of a witness order is to compel a witness to attend a hearing and if they fail to attend without reasonable excuse it is a criminal offence. So on that basis I would assume the judge has done this to ensure that the person attends.

[gban]

ULA, as a respondent would she not have been compelled to be there without the order ?

[ULA]

In isolation of any other information I cannot say whether there has been an indication that one of the respondent's was not intending to be present at the hearing and just be represented by the solicitor. This will ensure this does not happen and they will be in attendance to present their evidence.

[gban]

Makes more sense now. The first respondent have basically threw the individual respondent under the bus and blamed her for everything. The tribunal must be dubious of this, as I am, so want her there to see if that is the case.